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Ethics/Professional Responsibility

Jun. 27, 2022

Judge accuses serial ADA filer of lying under oath, invites sanctions for counsel Potter Handy

“There is little doubt that Whitaker had no intention of returning to the shop when he filed his lawsuit, and there is good reason to think that he lied under oath about this issue (and perhaps others) at the evidentiary hearing,” U.S. District Judge Vince Chhabria wrote in his order. “Leave is therefore granted (to the extent leave is necessary) to file a motion for sanctions against both Whitaker and Potter Handy for this conduct.”

A federal judge has dismissed a serial Americans with Disabilities Act filer’s claim against Peet’s Coffee, Inc. The order comes as the firm behind the case seeks to fend off a business torts claims from two prominent district attorneys who say it has abused the disability law by filing hundreds of bad faith cases.

U.S. District Judge Vince Chhabria in San Francisco also gave the company 14 days to move for sanctions against plaintiff Bri...

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